17-7683. Certificate of correction.
17-7683
17-7683. Certificate of correction.
(a) Whenever any articles or certificate authorized to be
filed
with the secretary of
state under any provision of this act has been so filed and is inaccurate
in any respect or was
defectively or erroneously executed, such articles or certificate may be
corrected by filing with the
secretary of state a certificate of correction of such articles or certificate.
The certificate of
correction shall specify the inaccuracy or defect to be corrected, shall set
forth the portion of the
articles or certificate in corrected form and shall be executed and filed as
required by this act. The
certificate of correction shall be effective as of the date the original
articles or certificate was filed,
except as to those persons who are substantially and adversely affected by the
correction, and as to
those persons the certificate of correction shall be effective from the filing
date.
(b) In lieu of filing a certificate of correction, articles or a certificate
may be corrected by
filing with the secretary of state a corrected certificate which shall be
executed and filed as if the
corrected certificate were the articles or certificate being corrected, and a
fee equal to the fee payable
to the secretary of state if the articles or certificate being corrected were
then being filed shall be
paid and collected by the secretary of state for the use of the state of Kansas
in connection with the
filing of the corrected certificate. The corrected certificate shall be
specifically designated as such
in its heading, shall specify the inaccuracy or defect to be corrected, and
shall set forth the entire articles or certificate in corrected form.
Articles or a certificate corrected in accordance
with this
section shall be effective as of the date the original articles or certificate
was filed, except as to those
persons who are substantially and adversely affected by the correction and as
to those persons the
articles or certificate as corrected shall be effective from the filing date.
(c) The secretary of state may correct the secretary's own errors on the
secretary's own motion.
History: L. 1999, ch. 119, § 22; Jan. 1, 2000.